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Welcome to Arbitration & Business Cases

Successful commercial arbitration and litigation lawyers must keep current on new developments in their field.

While arbitrators’ awards are typically confidential and unavailable, there is a growing body of court-based jurisprudence about the scope, process and procedures of arbitration, which counsel and arbitrators absolutely need to know about to be effective. There are also many cases on contract interpretation and remedies which are relevant in many commercial arbitrations and litigation.

In this blog, we hope to help commercial arbitration and litigation lawyers stay current by concisely summarizing noteworthy Ontario and other Canadian cases. On some cases, we may add an editorial comment.

Thank you for recommending Arbitration & Business Cases to your colleagues and for visiting the other pages of this website. Thank you for your feedback.

Igor Ellyn,

KC, CS, FCIArb.

iellyn@ellynlaw.com
www.ellynadr.com
416-540-6611  |  416-365-3750

Robin Dodokin,

FCIArb., Q.Arb., LL.M, Q.Med.

robin@dodokinlaw.com
www.dodokinlaw.com
416-300-6515

Kathryn J. Manning

Q.Arb.

kmanning@dmgadvocates.com
www.dmgadvocates.com
416-238-7461

Case #044E Update – Ernst & Young Inc. v. Aquino

CANADA – Leave to Appeal to Supreme Court of Canada
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Case #074D – Will v. Geo. A. Kelson Company Limited

ONTARIO – Breach of Contract – Breach of the duty of good faith is a separate and distinct contractual breach giving rise to a claim for damages and must be pleaded. Repudiation of a contract will only be ordered in exceptional circumstances and where there has been a substantial breach of contract.
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Case #073M – Mudronja v. Mudronja 2023 ONSC 141

ONTARIO – Jurisdiction of Superior Court of Justice over oppression cases – The Court does not have continuing jurisdiction to set aside a final order or replace it with an order for a new valuation date. Where the Court has determined an oppression application, including the valuation date and the share value, the order is final before that Court, subject to only a very limited jurisdiction under Rule 59.06. The consequences of allowing a party to reargue a case to obtain a more favourable valuation date under Rule 59.06 would be that orders are not final.
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Case #072D – Tar Heel Investments Inc. v. H.L. Staebler Company Limited, Lisa Arseneau et al

ONTARIO – Appeal – To prove the tort of conversion in respect of a book of business, which is an intangible asset, written agreements about ownership and the nature of the relationship between the parties are necessary.
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